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Old Dec 6th, 2012, 12:52 AM   #30
country flag Helen Lawson
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Re: Here we go again: Florida teen killed in dispute over loud music

I'm from Florida. There were some trials that were well publicized where the people killed someone else in self-defense outside the home, but the prosecutor charged them anyway, claiming that they had the duty and the ability to retreat, which was then the law. The cases were very sympathetic to the defendant in that it was upstanding types and the dead person was a career criminal in the middle of some crime, etc. They were extreme cases, nothing like the two pending now. These people were having to stand trial and explain how they didn't think they could retreat or it happened so fast, they didn't have time to figure out a retreat. Then the prosecutors were arguing that they could have retreated, second guessing the defendant's mental state in a moment of emergency. I think all of these people were acquitted, but a murder trial is horrible and people felt sorry for them. There was a public thought that if the duty to retreat didn't exist, people like this wouldn't have to stand trial and if they had to prove self-defense anyway, who cares about the duty to retreat. So, everyone was all in favor of it, that if someone attacks you in public, you don't to second guess defending yourself.

A white chick plugged her ex or estranged husband about a year ago and tried to use stand your ground in Seminole County in front of the old Trayvon Martin judge, but it was denied, she's going to trial and have to prove inability to retreat to a jury.
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